The Centre said the main question is whether the company has been selling products which, as per the "temporarious guidelines", are not right.NEW DELHI: The nation’s top consumer court on Monday issued a notice to Nestle seeking its response to the government’s allegations that the company had resorted to unfair trade practice and sold defective goods.

Nestle will have 30 days to file its reply after getting the notice. A company spokesperson said it hasn’t received the notice.

The government had earlier decided to go ahead with the class action suit over the Maggi issue despite the Bombay High Court setting aside the central food safety regulator's order banning the noodles. The regulator had banned the product saying that it contained excessive lead and had incorrect labelling.

According to Jain, the consumer court asked whether the Bombay High Court order would make the petition maintainable.

“To this we responded that the Bombay High Court order will have limited impact. Our complaint is relying on earlier test results done by the food safety authority. (But) our petition is not entirely dependent on that result. Our complaint is of unfair trade practices where Netsle was representing that there was no monosodium glutamate,” the additional solicitor general said.

“We cited USA resolution which says that no added MSG means no MSG.”

The Department of Consumer Affairs also alleged that Nestle had sold Maggi oats noodles without product approval. Under a provision in the Consumer Act, the consumer court can send a sample for testing, Jain said. “So, the Union of India will be filing an application before the commission about fresh testing of Maggi noodle products which are in their possession.”